The issue in this case is whether a motor vehicle dealer license should be issued to S.G. Silverman, Respondent, by the Department of Highway Safety and Motor Vehicles, Department. Intervenor American Honda Motor Company has the burden of proof in this case, pursuant to Section 320.642, Florida Statutes. The Department must deny an application if existing dealers have complied with their franchise agreements and are providing adequate representation. There is no contention in this case that the existing dealers, Petitioners Satnam Enterprises, Inc., d/b/a Honda of Fort Lauderdale, and International Cycles, Inc., d/b/a Honda International and Intervenor R.B.L. Cycles, d/b/a Boca Honda Sales, have breached their franchise agreement with American Honda Motor Company. The only issue presented is whether they are providing adequate representation in the community or territory. Petitioners' Exhibit 1 was a deposition upon written interrogatories of Edward Lemco taken by Petitioners on September 4, 1985 in Albany, Oregon. Upon the agreement of the parties, the Hearing Officer instructed Petitioners to make Mr. Lemco available following the hearing at a mutually convenient time to place to allow Respondent and Intervenor American Honda Motor Company to cross-examine him, and to submit a transcript of that cross-examination. Petitioners complied with this instruction, confirmed by Order dated September 25, 1985, and filed the deposition of Edward Lemco on November 4, 1985 which is hereby received as exhibit P-1A. Petitioners' Exhibit 14 was a map of the area prepared by the general manager of one of the Petitioners, Surg Soni, and Petitioners were instructed to reproduce the exhibit and provide copies to all parties within twenty days of the hearing. The exhibit, P-14, was returned to Petitioners for this purpose. Since Petitioners have failed to comply with this instruction or to return P-14 to the Hearing Officer, this exhibit is excluded and not received in evidence. Petitioners' remaining fifteen (15) exhibits have been received in evidence. Respondent Silverman offered three (3) exhibits which were received. Intervenor American Honda offered eighteen(18) exhibits, two of which (I-10 and I-ll) were rejected, but the remaining sixteen (16) were received in evidence. The general managers of Satnam Enterprises, Inc. and International Cycles, Inc., Surg Soni and Pablo Canseco, as well as the owner of R.B.L. Cycles, Ron Lipack, testified on behalf of Petitioners and Intervenor, R.B.L. Cycles. S. G. Silverman testified on his own behalf. Intervenor American Honda Motor Company called Joe Prussiano, Jr., former southeastern zone manager, Gerald L. Ford, Ph.D., who was accepted as an expert in market and economic analysis, and Dick Clark, current southeastern zone manager, to testify on its behalf. A transcript of the final hearing was filed on October 22, 1985 and thereafter the parties were allowed ten (10) days to file proposed findings of fact pursuant to Section 120.57(1)(b)4., Florida Statutes, and Rule 221-6.31, Florida Administrative Code. A ruling on each proposed finding of fact has been made in this Recommended Order as reflected in the attached Appendix.License issued. Evidence showed franchise under represented. Intervenor's economic concerns did not show applicant failed to meet Chapter 320, Florida Statutes, requirement.

This case is presented on the basis of a certain Notice to Show Cause/Administrative Complaint placed by the State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco against Toney Hatfield McDonald Koenemann d/b/a McDonald's Liquor Store and Lounge. The Administrative Complaint contains the following allegations On or about January 10, 1981, you, TONEY HATFIELD MCDONALD KOENEMANN, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws and/or your agent, servant, or employee, DEBRA LYNN HART, at your licensed premises did unlawfully solicit or conspire with a B/M identified as DENNIS to sell and/or deliver a controlled substance, to wit: cannabis, to Beverage Officer R. THOMPSON in violation of F.S. 893.13 to wit: F.S. 561.29. On or about January 10, 1981, you, TONEY HATFIELD MCDONALD KOENEMANN, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws and/or your agent, servant, or employee at your licensed premises, to wit: DEBRA LYNN HART, did solicit Beverage Officer R. THOMPSON to buy her an alcoholic beverage, to wit: beer, said alcoholic beverage subsequently purchased by THOMPSON and given to DEBRA LYNN HART, in violation of F.S. 562.131. On or about January 13, 1981, you TONEY HARTFIELD MCDONALD KOENEMANN, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws and/or hour [sic] agent, servant, or employee, GWENDOLYN HENRY, at your licensed premises, did unlawfully sell and/or deliver a controlled substance, to wit: cannabis, to Beverage Officer J. BATES, in violation of F.S. 893.13 to wit: F.S. 561.29. On or about January 15, 1981, you, TONEY HATFIELD MCDONALD KOENEMAN, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws and/or your agent, servant, or employee, DEDRA LYNN HART, at your licensed premises did unlawfully criminally solicit or conspire with a B/M identified as "COOKIE" to sell and/or deliver a controlled substance, to wit: cannabis, to Beverage Officer R. THOMPSON in violation of F.S. 893.13 to wit: F.S. 561.29. Between January 10, 1981 and January 15, 1981, you, TONEY HATFIELD MCDONALD KOENEMANN, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws, license #23-2362:4-COP, your agent, servant, employee, did maintain a place to wit: your licensed premises at 15966-15974 N. W. 27th Avenue, Miami, Dade County, Florida, which is resorted to by persons rising controlled substances for the purpose of using these controlled substances, to wit: canabis and cocaine, or which place is used for keeping or selling them in violation of FSS[sic] 893.13(2)(a)5. within F.S. 561.29(1)(a). Between January 10, 1981 sod January 15, 1981, you, TONEY HATFIELD MCDONALD, D/B/A MCDONALDS LIQUOR STORE AND LOUNGE, licensed under the beverage laws, license #23-2362:40 COP [sic], your agent, servant, end/or employee, did keep or maintain a public nuisance on your licensed premises, to wit: maintaining a building or place which is visited by persons for the purpose of unlawfully using substances controlled under Chapter 893 (Florida Statutes as amended) or which is used for the illegal keeping, selling, or delivering of same, contrary to F.S. 823.10 and F.S. 561.29 (1)(c).Suspend Respondent's license for ninety days for culpable negligence in allowing sale of drugs on licensed premises.